RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS

(a) Forms of Pleading. Pleadings shall be signed by the
attorney of record, and by the pleader when required by these rules.
All technical forms of pleadings are abolished. No defect of form
impairs substantial rights, and no defect in the statement of
jurisdictional facts actually existing renders any proceeding void.

(b) Petition. A petition shall contain a short and plain
statement of the relief sought, the grounds therefor, and the
jurisdiction of the court where the jurisdiction has not already been
shown.

(c) Motions. Any other application to the court for an order
shall be by written motion, unless made orally during a hearing or
trial. The motion shall state with particularity the grounds therefor
and shall set forth the relief or order sought.

(d) Rehearing. A motion for rehearing of any order or
judgment shall be served not later than 15 days after the date of
filing the order or judgment with the clerk as shown on the face of
the order or judgment.

(e) Verification. When verification of a document is
required, the document filed shall include an oath, affirmation, or
the following statement:

“Under penalties of perjury, I declare that I have read the
foregoing, and the facts alleged are true, to the best of my
knowledge and belief.”
Committee Notes

The time for determining when a motion for rehearing must be
served has been clarified in view of Casto v. Casto, 404 So. 2d 1046
(Fla. 1981).

Rule History

1977 Revision: Editorial change (rule) and expansion of
committee note. Subdivisions (a), (b), and (d) substantially the same
as subdivisions (a), (b), and (f) of prior rule 5.030. Subdivision (c)
taken from section 731.104, Florida Statutes. For adversary
proceedings see new rule 5.025. Notice of administration is not a
pleading within the meaning of this rule.

1980 Revision: Subdivisions (c) and (d) have been redesignated
as (e) and (f). New subdivisions (c) and (d) are added to provide for
the use of motions in probate proceedings other than adversary
proceedings and to specifically authorize a procedure for rehearing.

1984 Revision: Minor editorial changes. Subdivision (f) of prior
rule has been deleted as it is now covered under the adversary
rules.

1988 Revision: Editorial change in caption of (a). Committee
notes revised. Citation form change in committee notes.

1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in rule and committee notes.

2003 Revision: Committee notes revised.

2008 Revision: Committee notes revised.

2010 Revision: Committee notes revised.

2019 Revision: Subdivision (d) amended to change the
deadline for service of a motion for rehearing from 10 to 15 days
after the specified event to conform to 2013 amendments to the
Florida Rule of Civil Procedure 1.530. Committee notes revised.
Statutory References

§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.

§ 731.104, Fla. Stat. Verification of documents.

§ 731.201, Fla. Stat. General definitions.

§ 733.202, Fla. Stat. Petition.

§ 733.604(1), Fla. Stat. Inventories and accountings; public
records exemptions.

§ 733.901, Fla. Stat. Final discharge.

§ 735.203, Fla. Stat. Petition for summary administration.

§ 744.104, Fla. Stat. Verification of documents.

§ 744.3085, Fla. Stat. Guardian advocates.

§ 744.3201, Fla. Stat. Petition to determine incapacity.

§ 744.331, Fla. Stat. Procedures to determine incapacity.

§ 744.334, Fla. Stat. Petition for appointment of guardian or
professional guardian; contents.

Rule References

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. Prob. R. 5.200 Petition for administration.

Fla. Prob. R. 5.205(b) Filing evidence of death.

Fla. Prob. R. 5.320 Oath of personal representative.

Fla. Prob. R. 5.330 Execution by personal representative.

Fla. Prob. R. 5.350 Continuance of unincorporated business or
venture.
Fla. Prob. R. 5.370(a) Sales of real property where no power
conferred.

Fla. Prob. R. 5.405(b) Proceedings to determine homestead
status of real property.

Fla. Prob. R. 5.530 Summary administration.

Fla. Prob. R. 5.550 Petition to determine incapacity.

Fla. Prob. R. 5.560 Petition for appointment of guardian of an
incapacitated person.

Fla. Prob. R. 5.600 Oath.

Fla. Prob. R. 5.649 Guardian advocate.

Fla. R. Civ. P. 1.530 Motions for new trial and rehearing;
amendments of judgment.